Goa High Court Urges State to Create Mechanism for Illegal Structure Demolition
In a significant development concerning property disputes in Goa, the High Court has raised crucial questions about the implementation of demolition orders for illegal structures. During a hearing on Monday, the court directly asked the state government whether an effective mechanism could be established to execute these orders without forcing litigants to repeatedly approach the judiciary.
Addressing the Vacuum in Demolition Order Implementation
The bench observed that numerous cases involve private disputes between neighbors where writ petitions are filed seeking directions from the High Court to implement demolition orders issued by authorities like the Goa Coastal Zone Management Authority (GCZMA). The court noted that these violations could range from genuine infractions to cases motivated by vendetta, creating a complex legal landscape.
The bench made a pointed observation about the constitutional scope of such petitions, stating that Article 226 of the Constitution, which grants extraordinary powers to issue directions, "is for preserving constitutional rights and not for demolishing somebody's wall or staircase." This clarification underscores the court's position that it cannot function as an executing court for demolition orders.
The Petitioner's Dilemma and Judicial Concerns
In the specific case before the court, the petitioner seeking demolition of structures on a neighbor's property argued that there was no alternative remedy available except approaching the High Court. This situation highlights a systemic gap where affected parties feel compelled to seek judicial intervention for what should be administrative enforcement.
The bench expressed concern about this trend, warning that if demolition orders remain unimplemented through proper channels, it creates a vacuum that drives people directly to the High Court. The court emphasized that while obtaining an HC order to demolish a structure might seem convenient in the short term, it could lead to significant problems in the future.
"Litigations are going to go up and at a time you will find that you are at a point of no return. That is why it is time to look into these matters," the bench cautioned the state government.
Seeking Solutions Through Legal Assistance
To address this growing concern, the High Court has sought assistance from Advocate General Devidas Pangam. The objective is to explore what would be best for litigants without requiring them to file writ petitions in the High Court for every individual matter. The court specifically mentioned the need to examine whether the current procedures are adequate or if new mechanisms need to be developed.
The bench further clarified its judicial limitations in these matters, stating that it cannot pass directions for implementing demolition orders since it has not judicially determined whether the structures in question are legal or illegal. This procedural boundary reinforces the need for administrative systems to handle enforcement rather than relying on judicial intervention.
This development signals a potential shift in how property disputes involving illegal structures might be handled in Goa, with the judiciary pushing for more efficient administrative solutions to reduce court burdens and provide timely justice to affected parties.
